Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 532-S.F.No. 2900
An act relating to education; appropriating money for
education and related purposes to the higher education
coordinating board, state board of technical colleges,
higher education board, state board for community
colleges, state university board, board of regents of
the University of Minnesota, and the finance
department, with certain conditions; modifying the
award of grants for faculty exchange and temporary
assignment programs; changing community college
designations; prescribing changes to certain financial
aid programs; reinstating rules pertaining to private
business, trade, and correspondence schools and
technical colleges personnel licensing; modifying POST
board authority; adopting a post-secondary funding
formula; providing for appointments; defining
authority for bargaining with certain employees;
designating certain higher education board employees
as unclassified; clarifying transfer provisions for
the merger of community colleges, state universities,
and technical colleges; transferring bonding authority
for the state universities to the higher education
board; establishing the higher education board as the
sole state agency for federal funding for vocational
education; providing for appointments of additional
student members on the higher education board;
establishing the student board member selection
process; authorizing the higher education board to
supervise and control construction, improvement, and
repair of its facilities; preserving distinct
post-secondary missions; recognizing separate student
associations; amending Minnesota Statutes 1992,
sections 43A.06, subdivision 1; 43A.08, subdivision 1;
43A.18, by adding a subdivision; 135A.01; 135A.04;
136.31; 136.32; 136.33; 136.34; 136.35; 136.36;
136.37; 136.38; 136.41, by adding a subdivision;
136A.121, subdivision 17; 136A.125, subdivisions 2, 3,
4, and by adding a subdivision; 136A.15, subdivision
6; 136C.06; 136E.01, subdivisions 1 and 2; 136E.02,
subdivision 1; and 179A.10, subdivision 1; Minnesota
Statutes 1993 Supplement, sections 43A.18, subdivision
4; 125.138, subdivisions 1, 6, and 8; 136.41,
subdivision 8; 136A.233, subdivisions 1 and 2; and
136E.03; Laws 1991, chapter 356, article 9, sections
8, subdivision 1; 9, 12, and 13; Laws 1993, chapter
224, article 12, section 39; Laws 1993, First Special
Session chapter 2, article 5, section 2; proposing
coding for new law in Minnesota Statutes, chapters
135A; 136; and 136E; repealing Minnesota Statutes
1992, sections 135A.02; 135A.03, subdivisions 1, 1a,
2, 3, 3a, 4, 5, and 6; 135A.06, subdivisions 2, 3, 4,
5, and 6; 136.31, subdivision 6; 136.40; 136.41,
subdivisions 1, 2, 3, 4, 5, 6, and 7; 136.42; and
136C.36; Minnesota Statutes 1993 Supplement, sections
135A.03, subdivision 7; 135A.05; and 135A.061.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATION
Section 1. [HIGHER EDUCATION APPROPRIATIONS.]
The dollar amounts in the columns under "APPROPRIATIONS"
are added to or, if shown in parentheses, are subtracted from
the appropriations in Laws 1993, First Special Session chapter
2, article 1, or other law to the specified agencies. The
appropriations are from the general fund or other named fund and
are available for the fiscal years indicated for each purpose.
The figure 1994 or 1995 means that the addition to or
subtraction from the appropriations listed under the figure are
for the fiscal year ending June 30, 1994, or June 30, 1995,
respectively. If only one figure is shown in the text for a
specified purpose, the addition or subtraction is for 1995
unless the context intends another fiscal year.
SUMMARY BY FUND
1994 1995 TOTAL
General $ (7,000,000) $ 18,300,000 $ 11,300,000
SUMMARY BY AGENCY - ALL FUNDS
1994 1995 TOTAL
Higher Education
Coordinating Board $(7,000,000) $1,400,000 $(5,600,000)
State Board of
Technical Colleges -0- 1,250,000 1,250,000
Higher Education
Board -0- 1,255,000 1,255,000
State Board for
Community Colleges -0- 450,000 450,000
State
University Board -0- 1,800,000 1,800,000
Board of Regents
of the University of
Minnesota -0- 9,145,000 9,145,000
Department
of Finance -0- 3,000,000 3,000,000
APPROPRIATIONS
Available for the Year
Ending June 30
1994 1995
Sec. 2. HIGHER EDUCATION COORDINATING
BOARD
Subdivision 1. Total
Appropriation Changes (7,000,000) 1,400,000\H*\h
\H* (The appropriation of "1,400,000" for the year ending\h
\HJune 30, 1995, was vetoed by the governor.)\h
Subd. 2. Agency
Administration
This appropriation includes money to
develop a process to award grants to
Upward Bound programs in Minnesota.
The board shall provide the money to
the Minnesota Minority Education
Partnership under contract.\H* (The\h
\Hpreceding paragraph beginning "This"\h
\Hwas vetoed by the governor.)\h
Subd. 3. State Grants (4,000,000)
The higher education coordinating board
shall delay the implementation of the
new private college cap.
For fiscal year 1995, a child care
grant under Minnesota Statutes, section
136A.125, shall not cover more than 40
hours per week of child care costs.
Subd. 4. Interstate Tuition
Reciprocity (3,000,000)
Subd. 5. State Work Study
This appropriation includes money for
the state work study program.\H*\h
\H(Subdivision 5 was vetoed by the\h
\Hgovernor.)\h
Sec. 3. STATE BOARD OF TECHNICAL COLLEGES
Total Appropriation Changes 1,250,000
This appropriation includes money for a
pilot program at the Northwest
Technical College Center for
International Training and for
automating the technical college
libraries.\H* (Section 3 was vetoed by\h
\Hthe governor.)\h
Sec. 4. HIGHER EDUCATION BOARD
Total Appropriation Changes 1,255,000
This appropriation is for developing a
student records system, office space
costs, staff training, and labor
relations.\H* (Section 4 was vetoed by\h
\Hthe governor.)\h
Sec. 5. STATE BOARD FOR COMMUNITY
COLLEGES
Total Appropriation Changes 450,000\H*\h
\H* (The appropriation of "450,000" was vetoed by the\h
\Hgovernor.)\h
This appropriation is for the
transition of Fond du Lac from a center
to full campus status.\H* (The preceding\h
\Hparagraph beginning "This" was vetoed\h
\Hby the governor.)\h
In making Fond du Lac a full campus,
the legislature intends to enhance the
programs, enrollment, and efficiency of
the campus. As part of this action,
the state board for community colleges
shall report on its plans to accomplish
these goals to the higher education
finance divisions by January 15, 1995.
Sec. 6. STATE UNIVERSITY BOARD
Total Appropriation Changes 1,800,000
This appropriation is for academic
programs, the urban teacher preparation
program, interactive television, and
library resources at Metro State
University, and for improving safety on
the state university campuses.\H*\h
\H(Section 6 was vetoed by the governor.)\h
Sec. 7. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
Total Appropriation Changes 9,145,000\H*\h
\H* (The appropriation of "9,145,000" was vetoed by the\h
\Hgovernor.)\h
The legislature supports the direction
that the University of Minnesota is
taking to improve the academic
experiences and learning environment of
its students through its U2000
planning. This appropriation is to
further the University's efforts in
student services, educational
equipment, library resources, and
indigent patient dental care. The
legislature directs the board of
regents to use this appropriation
consistent with the priority order of
its request to the legislature.
The legislature intends that its
support of U2000 will result in the
improvement of undergraduate education
on the Twin Cities campus.
Specifically, the legislature intends
that the University focus on improving
the actual classroom instruction and
experience of undergraduates,
particularly as the number of
traditional undergraduate students in
the state grows over the next several
years. This focus includes changing
the reward structure for faculty to
encourage better undergraduate
instruction. As part of its 1995
biennial budget request to support its
U2000 efforts, the University shall
report on its plans to accomplish
changes in faculty efforts in teaching
and advising that will improve
undergraduate education.
The board of regents is requested to
report to the higher education finance
divisions of the house of
representatives and the senate by
January 15, 1995, on the policies and
practices it has planned or implemented
to comply with Title VII, Title IX, and
the Equal Pay Act as they relate to
coaches of men's and women's athletics.
Sec. 8. DEPARTMENT OF FINANCE
Total Appropriation Changes 3,000,000
This appropriation is for the higher
education board and the commissioner of
finance to jointly develop an
accounting system to accommodate the
specific needs of higher education, and
to jointly plan for the expenditure of
this appropriation. When requested,
the commissioner shall provide the
board with detailed information on the
expenditure of this appropriation.\H*\h
\H(Section 8 was vetoed by the governor.)\h
ARTICLE 2
ASSOCIATED PROVISIONS
Section 1. Minnesota Statutes 1993 Supplement, section
125.138, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] A program of faculty
collaboration shall be established to allow Minnesota school
districts and post-secondary institutions to arrange temporary
placements in each other's institutions. These arrangements
must be made on a voluntary cooperative basis between a school
district and post-secondary institution, or between
post-secondary institutions. Exchanges between post-secondary
institutions may occur among campuses in the same system or in
different systems.
Sec. 2. Minnesota Statutes 1993 Supplement, section
125.138, subdivision 6, is amended to read:
Subd. 6. [GRANTS.] The department of education shall award
grants to public post-secondary teacher preparation programs and
school districts that collaborate on staff exchanges or
temporary placements. One institution must be identified as the
fiscal agent for the grant.
Sec. 3. Minnesota Statutes 1993 Supplement, section
125.138, subdivision 8, is amended to read:
Subd. 8. [APPLICATION PROCESS.] The department of
education shall develop and publicize the process by which
school districts, the University of Minnesota and its campuses,
and the state universities and post-secondary institutions which
have teacher and administrator preparation programs may apply
for grants.
Sec. 4. [136.6011] [FOND DU LAC CAMPUS.]
The Fond du Lac campus of the Minnesota community college
system has a unique mission among the community colleges to
serve both the general education needs for lower division work
in the Carlton county - south St. Louis county region, as well
as serving the education needs of Native Americans throughout
the state and especially in northern Minnesota. Accordingly,
while the college is governed by the state board for community
colleges and administered through Arrowhead community colleges,
its governance is accomplished in conjunction with tribal
authorities, particularly in the areas of academic programming
and student services. The state board, the Arrowhead community
college administration, and the Fond du Lac tribal college board
shall determine the mechanisms necessary to accomplish the
sharing of authority while ensuring accountability for college
actions.
Sec. 5. Minnesota Statutes 1992, section 136A.121,
subdivision 17, is amended to read:
Subd. 17. [INDEPENDENT STUDENT INFORMATION.] The board
shall inform students, in writing, as part of the application
process, its financial aid publications about the definition of
independent student status and appeals to the financial aid
administrator relating to the declaration of the status.
Sec. 6. Minnesota Statutes 1992, section 136A.125,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE STUDENTS.] An applicant is eligible for
a child care grant if the applicant:
(1) is a resident of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of
age or younger who is handicapped as defined in section 120.03,
and who is receiving or will receive care on a regular basis
from a licensed or legal, nonlicensed caregiver;
(3) is within the sliding fee scale income guidelines set
under section 256H.10, subdivision 2, income eligible as
determined by a standardized financial aid needs analysis in
accordance with the board's policies and rules, but is not a
recipient of aid to families with dependent children;
(4) has not earned a baccalaureate degree and has been
enrolled full time less than eight semesters, 12 quarters, or
the equivalent;
(5) is pursuing a nonsectarian program or course of study
that applies to an undergraduate degree, diploma, or
certificate;
(6) is enrolled at least half time in an eligible
institution; and
(7) is in good academic standing and making satisfactory
academic progress.
Sec. 7. Minnesota Statutes 1992, section 136A.125,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE INSTITUTION.] A Minnesota public
post-secondary institution or, a Minnesota private,
baccalaureate degree granting college or university located in
Minnesota, or a Minnesota nonprofit two-year vocational
technical school granting associate degrees is eligible to
receive child care funds from the board and disburse them to
eligible students.
Sec. 8. Minnesota Statutes 1992, section 136A.125,
subdivision 4, is amended to read:
Subd. 4. [AMOUNT AND LENGTH OF GRANTS.] The amount of a
child care grant must be based on:
(1) the financial need income of the applicant and the
applicant's spouse, if any;
(2) the number of in the applicant's children family, as
defined by the board; and
(3) the cost of the child care,
as determined by the institution in accordance with board
policies and rules. The amount of the grant must cover the cost
of child care for all eligible children for the full number of
hours of education per week and may cover up to 20 hours per
week of employment for which child care is needed. The grant
must be awarded for one academic year. The minimum financial
stipend is $100 the number of eligible children in the
applicant's family.
The maximum award to the applicant shall be $1,500 for each
eligible child per academic year. The board shall prepare a
chart to show the amount of a grant that will be awarded per
child based on the factors in this subdivision. The chart shall
include a range of income and family size.
Sec. 9. Minnesota Statutes 1992, section 136A.125, is
amended by adding a subdivision to read:
Subd. 4b. [ADDITIONAL GRANTS.] An additional child care
grant may be awarded to an applicant attending classes outside
of the regular academic year who meets the requirements in
subdivisions 2 and 4.
Sec. 10. Minnesota Statutes 1992, section 136A.15,
subdivision 6, is amended to read:
Subd. 6. "Eligible institution" means any public a
post-secondary educational institution and any private
educational institution, in any state which is approved by the
United States commissioner of education in accordance with
requirements set forth in the Higher Education Act of 1965, as
amended that either (1) is operated or regulated by this state,
or (2) is operated publicly or privately in another state, is
approved by the United States Secretary of Education, and, as
determined by the board, maintains academic standards
substantially equal to those of comparable institutions operated
in this state. It also includes any institution chartered in a
province.
Sec. 11. Minnesota Statutes 1993 Supplement, section
136A.233, subdivision 1, is amended to read:
Subdivision 1. [ALLOCATION TO INSTITUTIONS.] The higher
education coordinating board shall allocate work-study money to
eligible post-secondary institutions according to the resident
full-time equivalent enrollment of all eligible post-secondary
institutions that apply to participate in the program, and the
amount of the allocation that an institution spent during the
previous academic year. Each institution wishing to participate
in the work-study program must submit, in accordance with
policies and procedures established by the board, an estimate of
the amount of funds needed by the institution. Any funds
allocated to an institution that exceed the actual need of the
institution may shall be reallocated by the board to other
institutions. An institution may carry forward or backward the
same percentage of its initial allocation that is authorized
under federal work-study provisions.
Sec. 12. Minnesota Statutes 1993 Supplement, section
136A.233, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of sections 136A.231
to 136A.233, the words defined in this subdivision have the
meanings ascribed to them.
(a) "Eligible student" means a Minnesota resident enrolled
or intending to enroll at least half time as defined in section
136A.101, subdivision 7b, in a degree, diploma, or certificate
program in a Minnesota post-secondary institution.
(b) "Minnesota resident" means a student who meets the
conditions in section 136A.101, subdivision 8.
(c) "Financial need" means the need for financial
assistance in order to attend a post-secondary institution as
determined by a post-secondary institution according to
guidelines established by the higher education coordinating
board.
(d) "Eligible employer" means any eligible post-secondary
institution and any nonprofit, nonsectarian agency or state
institution located in the state of Minnesota, including state
hospitals, and also includes a handicapped person or a person
over 65 who employs a student to provide personal services in or
about the residence of the handicapped person or the person over
65.
(e) "Eligible post-secondary institution" means any
post-secondary institution eligible for participation in the
Minnesota state grant program as specified in section 136A.101,
subdivision 4.
(f) "Independent student" has the meaning given it in the
Higher Education Act of 1965, United States Code, title 20,
section 1070a-6, and applicable regulations.
(g) "Half-time" for undergraduates has the meaning given in
section 136A.101, subdivision 7b, and for graduate students is
defined by the institution.
Sec. 13. Laws 1993, First Special Session chapter 2,
article 5, section 2, is amended to read:
Sec. 2. [TELECOMMUNICATIONS COUNCIL.] An instructional A
19-member telecommunications council shall be established and
composed of: two representatives selected by each public higher
education system, a representative of the higher education
board, a regional telecommunications coordinator, one member of
the senate appointed by the subcommittee on committees of the
committee on rules and administration, one member of the house
of representatives appointed by the speaker, one private college
representative selected by the Minnesota private college
council, a representative of the information policy office of
the department of administration, four members appointed by the
commissioner of education or designee to represent K-12
education of whom at least two shall be representatives of
school districts or K-12 telecommunications networks, and one
higher education coordinating board representative. The council
shall:
(1) develop a statewide vision and plans for the use of
distance learning technologies and provide leadership in
implementing the use of such technologies;
(2) develop educational policy relating to
telecommunications;
(3) determine priorities for use;
(4) oversee coordination with campuses, K-12 education, and
regional educational telecommunications;
(5) require the use of the statewide telecommunications
access and routing system Minnesota Network where operationally,
technically, and economically feasible in order to maximize the
state's telecommunication resources; and
(6) determine priorities for grant funding proposals.
The council shall consult with representatives of the
telecommunication industry in implementing this subdivision.
Sec. 14. Laws 1993, chapter 224, article 12, section 39,
is amended to read:
Sec. 39. [REPEALER.]
(a) Minnesota Rules, parts 3500.0500; 3500.0600, subparts 1
and 2; 3500.0605; 3500.0800; 3500.1090; 3500.1800; 3500.2950;
3500.3100, subparts 1 to 3; 3500.3500; 3500.3600; 3500.4400;
3510.2200; 3510.2300; 3510.2400; 3510.2500; 3510.2600;
3510.6200; 3520.0200; 3520.0300; 3520.0600; 3520.1000;
3520.1200; 3520.1300; 3520.1800; 3520.2700; 3520.3802;
3520.3900; 3520.4500; 3520.4620; 3520.4630; 3520.4640;
3520.4680; 3520.4750; 3520.4761; 3520.4811; 3520.4831;
3520.4910; 3520.5330; 3520.5340; 3520.5370; 3520.5461;
3525.2850; 3530.0300; 3530.0600; 3530.0700; 3530.0800;
3530.1100; 3530.1300; 3530.1400; 3530.1600; 3530.1700;
3530.1800; 3530.1900; 3530.2000; 3530.2100; 3530.2800;
3530.2900; 3530.3100, subparts 2 to 4; 3530.3200, subparts 1 to
5; 3530.3400, subparts 1, 2, and 4 to 7; 3530.3500; 3530.3600;
3530.3900; 3530.4000; 3530.4100; 3530.5500; 3530.5700;
3530.6100; 3535.0800; 3535.1000; 3535.1400; 3535.1600;
3535.1800; 3535.1900; 3535.2100; 3535.2200; 3535.2600;
3535.2900; 3535.3100; 3535.3500; 3535.9930; 3535.9940;
3535.9950; 3540.0600; 3540.0700; 3540.0800; 3540.0900;
3540.1000; 3540.1100; 3540.1200; 3540.1300; 3540.1700;
3540.1800; 3540.1900; 3540.2000; 3540.2100; 3540.2200;
3540.2300; 3540.2400; 3540.2800; 3540.2900; 3540.3000;
3540.3100; 3540.3200; 3540.3300; 3540.3400; 3545.1000;
3545.1100; 3545.1200; 3545.2300; 3545.2700; 3545.3000;
3545.3002; 3545.3004; 3545.3005; 3545.3014; 3545.3022;
3545.3024; 8700.4200; 8700.6410; 8700.6800; 8700.7100;
8700.9000; 8700.9010; 8700.9020; and 8700.9030, are repealed.
(b) Minnesota Rules, parts 3520.1600; 3520.2400; 3520.2500;
3520.2600; 3520.2800; 3520.2900; 3520.3000; 3520.3100;
3520.3200; 3520.3400; 3520.3500; 3520.3680; 3520.3701;
3520.3801; 3520.4001; 3520.4100; 3520.4201; 3520.4301;
3520.4400; 3520.4510; 3520.4531; 3520.4540; 3520.4550;
3520.4560; 3520.4570; 3520.4600; 3520.4610; 3520.4650;
3520.4670; 3520.4701; 3520.4711; 3520.4720; 3520.4731;
3520.4741; 3520.4801; 3520.4840; 3520.4850; 3520.4900;
3520.4930; 3520.4980; 3520.5000; 3520.5010; 3520.5111;
3520.5120; 3520.5141; 3520.5151; 3520.5160; 3520.5171;
3520.5180; 3520.5190; 3520.5200; 3520.5220; 3520.5230;
3520.5300; 3520.5310; 3520.5361; 3520.5380; 3520.5401;
3520.5450; 3520.5471; 3520.5481; 3520.5490; 3520.5500;
3520.5510; 3520.5520; 3520.5531; 3520.5551; 3520.5560;
3520.5570; 3520.5580; 3520.5600; 3520.5611; 3520.5700;
3520.5710; 3520.5900; 3520.5910; and 3520.5920; 3530.6500;
3530.6600; 3530.6700; 3530.6800; 3530.6900; 3530.7000;
3530.7100; 3530.7200; 3530.7300; 3530.7400; 3530.7500;
3530.7600; 3530.7700; and 3530.7800, are repealed.
(c) Minnesota Rules, parts 3500.1400; 3500.3700; 3510.0100;
3510.0200; 3510.0300; 3510.0400; 3510.0500; 3510.0600;
3510.0800; 3510.1100; 3510.1200; 3510.1300; 3510.1400;
3510.1500; 3510.1600; 3510.2800; 3510.2900; 3510.3000;
3510.3200; 3510.3400; 3510.3500; 3510.3600; 3510.3700;
3510.3800; 3510.7200; 3510.7300; 3510.7400; 3510.7500;
3510.7600; 3510.7700; 3510.7900; 3510.8000; 3510.8100;
3510.8200; 3510.8300; 3510.8400; 3510.8500; 3510.8600;
3510.8700; 3510.9000; 3510.9100; chapters 3515, 3515.0100,
subparts 2, 5, 6, and 26; 3515.0500, subpart 4, option two,
items D and E; 3515.0700, subpart 4, options 4, 6, 7, and 8;
3515.1100; 3515.1500, subparts 2 and 3, item C; 3515.2100,
subparts 2 and 3; 3515.3300; 3515.3400; 3515.3500; 3515.3600;
3515.3700; 3515.3800; 3515.3900; 3515.4000; 3515.4500;
3515.4600; 3515.4621; 3515.4700; 3515.4800; 3515.5000, subpart
2; 3515.5050; 3515.5500, subparts 3, 4, 5, 6, 7, 9, 10, and 11;
3515.5600; 3515.6005, subparts 2 and 3; 3515.6100; 3515.8300;
3515.8900; 3515.9910; 3515.9911; 3515.9912; 3515.9913;
3515.9920; 3515.9942; 3517.0100; 3517.0120; 3517.3150;
3517.3170; 3517.3420; 3517.3450; 3517.3500; 3517.3650;
3517.4000; 3517.4100; 3517.4200; 3517.8500; 3517.8600;, and
chapter 3560, are repealed.
(d) Minnesota Rules, parts 3500.0710; 3500.1060; 3500.1075;
3500.1100; 3500.1150; 3500.1200; 3500.1500; 3500.1600;
3500.1900; 3500.2000; 3500.2020; 3500.2100; 3500.2900;
3500.5010; 3500.5020; 3500.5030; 3500.5040; 3500.5050;
3500.5060; 3500.5070; 3505.2700; 3505.2800; 3505.2900;
3505.3000; 3505.3100; 3505.3200; 3505.3300; 3505.3400;
3505.3500; 3505.3600; 3505.3700; 3505.3800; 3505.3900;
3505.4000; 3505.4100; 3505.4200; 3505.4400; 3505.4500;
3505.4600; 3505.4700; 3505.5100; 8700.2900; 8700.3000;
8700.3110; 8700.3120; 8700.3200; 8700.3300; 8700.3400;
8700.3500; 8700.3510; 8700.3600; 8700.3700; 8700.3810;
8700.3900; 8700.4000; 8700.4100; 8700.4300; 8700.4400;
8700.4500; 8700.4600; 8700.4710; 8700.4800; 8700.4901;
8700.4902; 8700.5100; 8700.5200; 8700.5300; 8700.5310;
8700.5311; 8700.5500; 8700.5501; 8700.5502; 8700.5503;
8700.5504; 8700.5505; 8700.5506; 8700.5507; 8700.5508;
8700.5509; 8700.5510; 8700.5511; 8700.5512; 8700.5800;
8700.6310; 8700.6900; 8700.7010; 8700.7700; 8700.7710;
8700.8000; 8700.8010; 8700.8020; 8700.8030; 8700.8040;
8700.8050; 8700.8060; 8700.8070; 8700.8080; 8700.8090;
8700.8110; 8700.8120; 8700.8130; 8700.8140; 8700.8150;
8700.8160; 8700.8170; 8700.8180; 8700.8190; 8750.0200;
8750.0220; 8750.0240; 8750.0260; 8750.0300; 8750.0320;
8750.0330; 8750.0350; 8750.0370; 8750.0390; 8750.0410;
8750.0430; 8750.0460; 8750.0500; 8750.0520; 8750.0600;
8750.0620; 8750.0700; 8750.0720; 8750.0740; 8750.0760;
8750.0780; 8750.0800; 8750.0820; 8750.0840; 8750.0860;
8750.0880; 8750.0890; 8750.0900; 8750.0920; 8750.1000;
8750.1100; 8750.1120; 8750.1200; 8750.1220; 8750.1240;
8750.1260; 8750.1280; 8750.1300; 8750.1320; 8750.1340;
8750.1360; 8750.1380; 8750.1400; 8750.1420; 8750.1440;
8750.1500; 8750.1520; 8750.1540; 8750.1560; 8750.1580;
8750.1600; 8750.1700; 8750.1800; 8750.1820; 8750.1840;
8750.1860; 8750.1880; 8750.1900; 8750.1920; 8750.1930;
8750.1940; 8750.1960; 8750.1980; 8750.2000; 8750.2020;
8750.2040; 8750.2060; 8750.2080; 8750.2100; 8750.2120;
8750.2140; 8750.4000; 8750.4100; 8750.4200; 8750.9000;
8750.9100; 8750.9200; 8750.9300; 8750.9400; 8750.9500;
8750.9600; and 8750.9700, are repealed.
Sec. 15. [PEACE OFFICERS STANDARDS AND TRAINING BOARD.]
The association of police chiefs is requested to convene a
committee to discuss and make recommendations to the legislature
on current programs of professional peace officer education.
The committee shall consist of three POST board members or their
designees, one member appointed by the Minnesota chiefs of
police association, one member appointed by the Minnesota
sheriffs association, one member appointed by the Minnesota
police and peace officers association, three representatives of
the higher education systems, and three representatives of
post-secondary campuses offering professional peace officer
education to be appointed by the appropriate higher education
governing boards for technical colleges, community colleges, and
state universities. The committee shall make recommendations
regarding programmatic and funding issues related to
professional peace officer education. The committee also shall
develop a plan for a cooperative process whereby the higher
education systems and campuses and the POST board consult on any
proposed changes in policy, rule, or statute which may
significantly affect professional peace officer education. The
committee shall report its findings and recommendations to the
higher education and judiciary finance divisions by January 15,
1995. Prior to June 30, 1995, the board of peace officer
standards and training may not take any action to change or
modify professional peace officer education that is offered by a
technical college, community college, or state university unless
it is agreed to by both parties.
Nothing in this section shall prohibit the POST board from
taking action against a certified school for failure to comply
with an existing board rule.
POST board certified schools shall not provide a nondegree
professional peace officer education program for any state
agency or local law enforcement agency after December 31, 1994,
without affirmative legislative approval.
Sec. 16. [RECOMMENDATIONS.]
By January 1, 1995, the higher education coordinating board
shall provide recommendations to the higher education finance
divisions of the legislature on the board's future functions,
roles, and responsibilities following the July 1, 1995, merger
of the community colleges, technical colleges, and state
universities.
Sec. 17. [TRANSITION.]
The transition from center to full campus status for the
Fond du Lac Community College Center at Cloquet shall occur no
sooner than July 1, 1994. The transition from center to full
campus status for Duluth and Cambridge centers shall occur no
sooner than July 1, 1995. Full campus status is contingent upon
approval of the higher education board. The higher education
board shall make recommendations on funding levels for
Cambridge, Cloquet, and Duluth.
Sec. 18. [RESERVE ACCOUNTS.]
The technical college, community college, state university,
and higher education boards shall develop policies for fund
balances and the creation and use of reserve accounts. The
commissioner of finance shall review the policies. The
technical college, community college, state university, and
higher education boards shall submit the policies to the higher
education finance divisions of the legislature by January 1,
1995. Beginning January 1, 1995, the technical college,
community college, state university, and higher education boards
shall report annually to the commissioner of finance the
amounts, intended and actual use, and remaining balance in their
respective fund balances and reserve accounts.
Sec. 19. [REPEALER.]
(a) Minnesota Statutes 1992, sections 135A.06, subdivisions
2, 3, 4, 5, and 6; and Minnesota Statutes 1993 Supplement,
section 135A.061, are repealed.
(b) Minnesota Statutes 1992, section 136C.36, is repealed.
Sec. 20. [EFFECTIVE DATE.]
Section 11 is effective the day following final enactment.
Section 19, paragraph (b), is effective August 1, 1994.
ARTICLE 3
POST-SECONDARY FUNDING
Section 1. Minnesota Statutes 1992, section 135A.01, is
amended to read:
135A.01 [FUNDING POLICY.]
It is the policy of the legislature that direct state
appropriations, exclusive of tuition, to provide stable funding,
including recognition of the effects of inflation, for the
instructional services at public post-secondary
institutions reflect a portion of the estimated cost of
providing the instructional and that the state and students
share the cost of those services. The legislature intends to
provide at least 67 percent of the instructional services costs
for each post-secondary system. It is also the policy of the
legislature that the budgetary process serves to support high
quality public post-secondary education.
Sec. 2. [135A.031] [APPROPRIATIONS FOR INSTRUCTIONAL
SERVICES.]
Subdivision 1. [DETERMINATION OF APPROPRIATION.] The
direct appropriation to each board for instructional services
shall equal 67 percent of the estimated total cost of
instruction for the University of Minnesota, the state
universities, and the community colleges, and, for technical
colleges, at least 67 percent of the estimated total cost of
instruction.
Subd. 2. [APPROPRIATIONS FOR CERTAIN ENROLLMENTS.] The
state share of the estimated expenditures for instruction shall
vary for some categories of students, as designated in this
subdivision.
(a) The state must provide at least 67 percent of the
estimated expenditures for:
(1) students who resided in the state for at least one
calendar year prior to applying for admission or dependent
students whose parent or legal guardian resides in Minnesota at
the time the student applies;
(2) Minnesota residents who can demonstrate that they were
temporarily absent from the state without establishing residency
elsewhere;
(3) residents of other states or provinces who are
attending a Minnesota institution under a tuition reciprocity
agreement; and
(4) students who have been in Minnesota as migrant
farmworkers, as defined in the Code of Federal Regulations,
title 20, section 633.104, over a period of at least two years
immediately before admission or readmission to a Minnesota
public post-secondary institution, or students who are
dependents of such migrant farmworkers.
(b) The state must provide 32 percent of the estimated
expenditures for:
(1) students who are concurrently enrolled in a public
secondary school and for whom the institution is receiving any
compensation under the post-secondary enrollment options act;
and
(2) students enrolled under the student exchange program of
the Midwest Compact.
(c) The state may not provide any of the estimated
expenditures for undergraduate students who do not meet the
residency criteria under paragraph (a).
Subd. 3. [DETERMINATION OF INSTRUCTIONAL SERVICES BASE.]
The instructional services base for each public post-secondary
system is the sum of: (1) the state share; and (2) the
legislatively estimated tuition for the second year of the most
recent biennium; and (3) adjustments for inflation, enrollment
changes as calculated in subdivision 4, and performance as
calculated in subdivision 5.
Subd. 4. [ADJUSTMENT FOR ENROLLMENTS.] (a) Each public
post-secondary system's instructional services base shall be
adjusted for estimated changes in enrollments. For each two
percent change in estimated full-year equivalent enrollment, an
adjustment shall be made to 65 percent of the instructional
services base. The remaining 35 percent of the instructional
services base is not subject to the adjustment in this
subdivision.
(b) For all purposes where student enrollment is used for
budgeting purposes, student enrollment shall be measured in
full-year equivalents and shall include only enrollments in
courses that award credit or otherwise satisfy any of the
requirements of an academic or vocational program.
(c) The enrollment adjustment shall be made for each year
of the subsequent biennium. The base enrollment year is the
1995 fiscal year enrollment. The base enrollment shall be
updated for each two percent change in estimated full year
equivalent enrollment. If the actual enrollment differs from
the estimated enrollment, an adjustment shall be made in the
next biennium.
Subd. 5. [ADJUSTMENT FOR PERFORMANCE.] Each public
post-secondary system's instructional services base shall be
adjusted, up to one percent, if the system meets the performance
standards established by the system's governing board as part of
the biennial budget document.
Subd. 6. [ADJUSTMENT FOR CHANGE ITEMS.] The instructional
services base may be adjusted for change items as determined by
the governor and the legislature after adjustments for
inflation, enrollments, and performance.
Subd. 7. [REPORTS.] Instructional expenditure and
enrollment data for each instructional category shall be
submitted in the biennial budget document.
Sec. 3. [135A.032] [APPROPRIATIONS FOR NONINSTRUCTIONAL
SERVICES.]
Subdivision 1. [DETERMINATION OF NONINSTRUCTIONAL
APPROPRIATIONS BASE.] The noninstructional services base for
each public post-secondary system is the state share for the
second year of the most recent biennium plus adjustments for
inflation and for performance as specified in subdivision 2.
The cost of technical college extension programs shall be
included in noninstructional services.
Subd. 2. [ADJUSTMENT FOR PERFORMANCE.] The
noninstructional services base shall be increased, up to one
percent, if the system meets the performance standards
established by the system's governing board as part of the
biennial budget document.
Subd. 3. [ADJUSTMENT FOR CHANGE ITEMS.] The
noninstructional services base may be adjusted for change items
as determined by the governor and the legislature after
noninstructional base adjustments for inflation and performance.
Sec. 4. [135A.033] [PERFORMANCE FUNDING.]
The governing boards of the University of Minnesota, the
state universities, the community colleges, and the technical
colleges, in conjunction with their respective campuses, shall
each specify performance categories and indicators to be used
for policy and appropriations decisions, as well as allocations
for rewarding campuses that achieve performance levels and
assisting campuses that are unable to achieve these levels.
Because the mission of each system and type of campus varies,
categories and indicators shall vary accordingly.
Sec. 5. [135A.034] [BUDGET PRIORITIES.]
The governing boards of the University of Minnesota, the
state universities, the community colleges, and the technical
colleges shall each develop, for legislative and executive
branch acceptance, its highest budget priorities in accordance
with statewide objectives for higher education. It is the
intent of the legislature to appropriate at least 67 percent of
the total cost of instruction after adjusting for inflation and
enrollment changes. However, in the event of a budget
shortfall, or if funding of inflation is not possible, available
funding shall first be applied to the agreed upon budget
priorities.
Sec. 6. Minnesota Statutes 1992, section 135A.04, is
amended to read:
135A.04 [VARIABLE TUITION.]
The board of regents of the University of Minnesota, state
university board, state board for community colleges, and state
board for vocational education and the higher education board
shall each establish tuition. Tuition may vary by program,
level of instruction, cost of instruction, or other
classifications determined by each board. Tuition may be set at
any percentage of instructional cost established by the
respective boards.
Sec. 7. [PHASE-IN OF FORMULA.]
Each higher education system shall calculate its respective
base for the 1996-1997 biennium for submission to the governor
and legislature using the method in this article. Each system
that experienced enrollment increases since 1993 shall adjust
its instructional services base by the same percentage as the
enrollment increased.
Sec. 8. [TASK FORCE.]
The chief financial officers, or their designees, of the
University of Minnesota, state universities, technical colleges,
community colleges, higher education board, and the commissioner
of finance shall form a task force. The task force shall define
terms, ensure uniform application of the formula, and other
functions determined necessary by the task force. The higher
education coordinating board shall convene the initial meeting.
The task force expires June 30, 1997.
Sec. 9. [REPEALER.]
Minnesota Statutes 1992, sections 135A.02; and 135A.03,
subdivisions 1, 1a, 2, 3, 3a, 4, 5, and 6; Minnesota Statutes
1993 Supplement, sections 135A.03, subdivision 7; and 135A.05,
are repealed.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 to 3, 6, and 9 are effective July 1, 1995.
ARTICLE 4
EMPLOYER DESIGNATION AND BARGAINING
Section 1. Minnesota Statutes 1992, section 43A.06,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) The commissioner, through
the labor relations bureau, shall perform the duties assigned to
the commissioner by sections 3.855, 179A.01 to 179A.25 and this
section.
(b) The deputy commissioner for the labor relations bureau
shall be the state labor negotiator for purposes of negotiating
and administering agreements with exclusive representatives of
employees and shall perform any other duties delegated by the
commissioner subject to the limitations in paragraph (c).
(c) In consultation with the commissioner of employee
relations and except as specified in this paragraph, the higher
education board may exercise the powers under this section. The
power and authority to engage in collective bargaining or to
enter into interest arbitration remains with the commissioner of
employee relations, who shall exercise those powers in
consultation with the higher education board.
Sec. 2. Minnesota Statutes 1992, section 43A.08,
subdivision 1, is amended to read:
Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified
positions are held by employees who are:
(1) chosen by election or appointed to fill an elective
office;
(2) heads of agencies required by law to be appointed by
the governor or other elective officers, and the executive or
administrative heads of departments, bureaus, divisions, and
institutions specifically established by law in the unclassified
service;
(3) deputy and assistant agency heads and one confidential
secretary in the agencies listed in subdivision 1a and in the
office of strategic and long-range planning;
(4) the confidential secretary to each of the elective
officers of this state and, for the secretary of state, state
auditor, and state treasurer, an additional deputy, clerk, or
employee;
(5) intermittent help employed by the commissioner of
public safety to assist in the issuance of vehicle licenses;
(6) employees in the offices of the governor and of the
lieutenant governor and one confidential employee for the
governor in the office of the adjutant general;
(7) employees of the Washington, D.C., office of the state
of Minnesota;
(8) employees of the legislature and of legislative
committees or commissions; provided that employees of the
legislative audit commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential
secretaries, shall be employees in the classified service;
(9) presidents, vice-presidents, deans, other managers and
professionals in academic and academic support programs,
administrative or service faculty, teachers, research
assistants, and student employees eligible under terms of the
federal economic opportunity act work study program in the
school and resource center for the arts, state universities and
community colleges, and the higher education board, but not the
custodial, clerical, or maintenance employees, or any
professional or managerial employee performing duties in
connection with the business administration of these
institutions;
(10) officers and enlisted persons in the national guard;
(11) attorneys, legal assistants, and three confidential
employees appointed by the attorney general or employed with the
attorney general's authorization;
(12) judges and all employees of the judicial branch,
referees, receivers, jurors, and notaries public, except
referees and adjusters employed by the department of labor and
industry;
(13) members of the state patrol; provided that selection
and appointment of state patrol troopers must be made in
accordance with applicable laws governing the classified
service;
(14) chaplains employed by the state;
(15) examination monitors and intermittent training
instructors employed by the departments of employee relations
and commerce and by professional examining boards;
(16) student workers;
(17) executive directors or executive secretaries appointed
by and reporting to any policy-making board or commission
established by statute;
(18) employees unclassified pursuant to other statutory
authority;
(19) intermittent help employed by the commissioner of
agriculture to perform duties relating to pesticides,
fertilizer, and seed regulation; and
(20) the administrators and the deputy administrators at
the state academies for the deaf and the blind.
Sec. 3. Minnesota Statutes 1993 Supplement, section
43A.18, subdivision 4, is amended to read:
Subd. 4. [PLANS NOT ESTABLISHED BUT APPROVED BY
COMMISSIONER.] Notwithstanding any other law to the contrary,
total compensation for employees listed in this subdivision must
be set by appointing authorities within the limits of
compensation plans that have been approved by the commissioner
before becoming effective. Compensation plans established under
paragraphs (b), and (c), (d), and (e) must be approved by the
legislature and the legislative commission on employee relations
under subdivision 2 before becoming effective.
(a) Total compensation for employees who are not covered by
a collective bargaining agreement in the offices of the
governor, lieutenant governor, attorney general, secretary of
state, state auditor, and state treasurer must be determined by
the governor, lieutenant governor, attorney general, secretary
of state, state auditor, and state treasurer, respectively.
(b) Total compensation for unclassified positions under
section 43A.08, subdivision 1, clause (9), in the state
universities and the community colleges not covered by a
collective bargaining agreement must be determined by the state
university board and the state board for community colleges,
respectively.
(c) (b) Total compensation for classified administrative
law judges in the office of administrative hearings must be
determined by the chief administrative law judge.
(d) (c) Total compensation for unclassified positions not
covered by a collective bargaining agreement in the higher
education coordinating board and in the state board of technical
colleges must be determined by the higher education coordinating
board and the state board of technical colleges, respectively.
(e) Total compensation for unclassified positions not
covered by a collective bargaining agreement in the higher
education board must be determined by the higher education board.
Sec. 4. Minnesota Statutes 1992, section 43A.18, is
amended by adding a subdivision to read:
Subd. 3a. [HIGHER EDUCATION BOARD PLAN.] Total
compensation for unclassified managerial positions under section
43A.08, subdivision 1, clause (9), in the higher education board
not covered by a collective bargaining agreement must be
determined by the higher education board. Before submitting a
compensation plan to the legislature and the legislative
commission on employee relations, the higher education board
must submit the plan to the commissioner of employee relations
for review and comment. The commissioner must complete the
review within 14 days of its receipt. Compensation plans
established under this subdivision must be approved by the
legislature and the legislative commission on employee relations
under section 3.855, before becoming effective.
Sec. 5. [136E.31] [ASSIGNMENT TO BARGAINING UNITS.]
Actions by the higher education board to merge or
redesignate institutions or to promote collaborative efforts
between institutions must not unilaterally change faculty
assignments to bargaining units provided in section 179A.10,
subdivision 2.
Sec. 6. Minnesota Statutes 1992, section 179A.10,
subdivision 1, is amended to read:
Subdivision 1. [EXCLUSIONS.] The commissioner of employee
relations shall meet and negotiate with the exclusive
representative of each of the units specified in this section,
except as provided in section 43A.06, subdivision 1, paragraph
(c). The units provided in this section are the only
appropriate units for executive branch state employees. The
following employees shall be excluded from any appropriate unit:
(1) the positions and classes of positions in the
classified and unclassified services defined as managerial by
the commissioner of employee relations in accordance with
section 43A.18, subdivision 3, and so designated in the official
state compensation schedules;
(2) unclassified positions in the state university system
and the community college system defined as managerial by their
respective boards;
(3) positions of physician employees compensated under
section 43A.17, subdivision 4;
(4) positions of all unclassified employees appointed by a
constitutional officer;
(5) positions in the bureau;
(6) positions of employees whose classification is pilot or
chief pilot;
(7) administrative law judge and compensation judge
positions in the office of administrative hearings; and
(8) positions of all confidential employees.
The governor may upon the unanimous written request of
exclusive representatives of units and the commissioner direct
that negotiations be conducted for one or more units in a common
proceeding or that supplemental negotiations be conducted for
portions of a unit or units defined on the basis of appointing
authority or geography.
Sec. 7. [REIMBURSEMENT.]
In fiscal year 1995, the higher education board shall
reimburse the commissioner of employee relations for staffing
and other costs of services associated with negotiating the
1995-1997 collective bargaining agreements for the state
university, community college, and technical college
instructional units, and the state university administrative
unit. The amounts reimbursed are appropriated to the
commissioner of employee relations to pay for these costs.
Before July 1, 1994, the higher education board and the
commissioner of employee relations shall confer and agree on the
costs and services to be reimbursed. In the absence of an
agreement, the higher education board and the commissioner of
employee relations shall report to the higher education finance
divisions of the legislature by July 1, 1994.
Sec. 8. [EFFECTIVE DATE.]
Sections 2 and 7 are effective the day following final
enactment. Sections 1 and 3 to 6 are effective July 1, 1995.
ARTICLE 5
TRANSITION PROVISIONS
Section 1. Laws 1991, chapter 356, article 9, section 9,
is amended to read:
Sec. 9. [TRANSFER OF POWERS PROVISIONS.]
Subdivision 1. [TRANSFER OF POWERS; GENERALLY.] The state
board of technical colleges, the state board for community
colleges, and the state university board and their respective
chancellors retain responsibility for operating and managing
their systems until July 1, 1995. On July 1, 1995, the
authority, duties, responsibilities, related property of the
state board of technical colleges, school boards, intermediate
school boards, and joint vocational technical boards with
respect to technical colleges, the state board for community
colleges, and the state university board are transferred to the
higher education board under Minnesota Statutes, section 15.039.
Effective July 1, 1995, school boards, intermediate school
boards, and joint vocational technical boards shall transfer to
the higher education board all real property, personal property,
and improvements and attachments thereto related to technical
colleges as determined by the higher education board, and shall
convey all interests in the property. The school boards,
intermediate school boards, and joint vocational technical
boards shall not receive compensation for the conveyance of the
interests. All debt service payments on the transferred
property that have a due date on or after July 1, 1995, become
the responsibility of the higher education board.
On July 1, 1995, all other obligations incurred on behalf
of a technical college by a school board, a joint vocational
district under Minnesota Statutes, section 136C.60, or an
intermediate school district under Minnesota Statutes, chapter
136D, which will not be satisfied on or before June 30, 1995,
transfer to the higher education board subject to limits
identified in state law or in plans or policies of the higher
education board subject to legislative approval.
The state board of technical colleges, state board for
community colleges, and state university board are abolished,
effective July 1, 1995.
Subd. 1a. [MEMORANDUM OF UNDERSTANDING APPROVED.] The
memorandum of understanding dated March 29, 1994, and signed by
the chancellor of the higher education board, the state
negotiator, and the bargaining representatives of state
employees concerning employee security during the merger of the
state universities, the community colleges, and the state
technical colleges is ratified.
Subd. 2. [PERSONNEL TRANSFER.] The commissioner of
employee relations shall allocate positions and incumbent
employees who are primarily employed in post-secondary or
extension vocational education positions in an intermediate,
joint, or school district on June 30, 1995, to appropriate
classes in the state classification plan under Minnesota
Statutes, section 43A.07, without loss of pay, or place the
positions and incumbent employees in the unclassified service
under Minnesota Statutes, section 43A.08, subdivision 1, clause
(9). The commissioner shall also assign positions and incumbent
employees to an appropriate state unit under Minnesota Statutes,
section 179A.10, subject to challenge or petition of such unit
assignment to the bureau of mediation services. Positions
transferred with their incumbents do not create vacancies in
state service.
Employees serving in unlimited appointments on June 30,
1995, and transferred to unlimited classified positions on July
1, 1995, are transferred to state service without examination.
Employees serving in limited appointments on June 30, 1995,
and transferred to limited classified positions or to temporary
unclassified positions shall receive emergency, temporary, or
temporary unclassified appointments under provisions of
Minnesota Statutes, section 43A.15, subdivisions 2 and 3, or
43A.08, subdivision 2a, as appropriate.
Subd. 3. [RETURN FROM LEAVE.] All employees on an approved
leave of absence from a post-secondary education position in an
intermediate, joint, or school district on June 30, 1995, retain
the reinstatement rights specified under the original terms of
the leave.
Subd. 4. [REASSIGNMENT; UNEMPLOYMENT COMPENSATION;
SEVERANCE PAY.] The reassignment of rights under this section is
not a leaving of employment for eligibility for unemployment
compensation payments under Minnesota Statutes, chapter 268, or
early retirement or severance compensation under Minnesota
Statutes, section 465.72, or under a policy or contract based on
Minnesota Statutes, section 465.72.
Sec. 2. Laws 1991, chapter 356, article 9, section 12, is
amended to read:
Sec. 12. [EFFECT OF CURRENT COLLECTIVE BARGAINING
AGREEMENTS; STATUTORY EMPLOYMENT RIGHTS.]
Subdivision 1. [GENERALLY.] (a) The terms and conditions
of a collective bargaining agreement agreements, compensation
plans, personnel policies, or other salary and benefit
provisions covering an employee employees transferred to the
higher education board remains remain in effect until a
successor agreement becomes effective. This section paragraph
applies to all employees transferred to the board except as
modified by paragraph (b) and section 3.
(b) For employees whose employment was covered by Minnesota
Statutes, section 125.12, before their transfer to the higher
education board, the provisions of Minnesota Statutes, section
125.12, remain in effect until a successor agreement becomes
effective according to Minnesota Statutes, chapter 179A. For
employees whose employment was covered by Minnesota Statutes,
section 125.17, before their transfer to the higher education
board, the provisions of Minnesota Statutes, section 125.17,
remain in effect until a successor agreement becomes effective
according to Minnesota Statutes, chapter 179A.
Subd. 2. [EXCLUSIVE REPRESENTATIVE OF TECHNICAL COLLEGE
EMPLOYEES.] The exclusive representatives of units of technical
college employees transferred to the higher education board
certified before the effective date of this section shall remain
responsible for administration of their contracts and for all
other contractual duties and shall enjoy the right to dues and
fair share fee deduction and all other contractual privileges
and rights until June 30, 1995. The incoming exclusive
representatives of employees transferred to the higher education
board and certified after the effective date of this subdivision
shall immediately upon certification have the responsibility of
bargaining on behalf of employees within the unit. The incoming
exclusive representative and the new employer have the
responsibility of administering grievances arising under
previous contracts covering employees included within the unit
which remain unresolved on June 30, 1995. Where the employer
does not object, these responsibilities may be varied by
agreement between the outgoing and incoming exclusive
representatives. All other rights and duties of representation
begin on July 1, 1995, except that exclusive representatives
certified after the effective date of this subdivision shall
immediately upon certification have the right to all employer
information and all forms of access to employees within the
bargaining unit which would be permitted to the current contract
holder, including the rights in Minnesota Statutes, section
179A.07, subdivision 6. This subdivision does not affect any
existing collective bargaining contract. Incoming exclusive
representatives of employees transferred to the higher education
board shall immediately upon certification have the
responsibility of bargaining on behalf of all previously
unrepresented employees assigned to their units. All other
rights and duties of exclusive representatives begin on July 1,
1995.
Sec. 3. Laws 1991, chapter 356, article 9, section 13, is
amended to read:
Sec. 13. [TRANSITIONAL PERIOD COLLECTIVE BARGAINING.]
Subdivision 1. [GENERALLY.] Contracts for the period
commencing July 1, 1995, for employees who are in the technical
college, state university, and community college instructional
units and the state university administrative unit and who are
transferred to the higher education board shall be negotiated
with the higher education board under section 43A.06.
Negotiations for those contracts can begin anytime after July 1,
1994, and may be initiated by either party notifying the other
of the desire to begin the negotiating process. Negotiations
shall be subject to this section and Minnesota Statutes, chapter
179A.
Subd. 2. [DATE OF EMPLOYMENT.] The date of first
employment by the higher education board is the date on which
services were first performed by the employee for the employer
from which the employee is being transferred. For employees
whose transfer is from a joint technical college district under
Minnesota Statutes, sections 136C.60 to 136C.69, the date on
which services were first performed by the employee is the date
on which services were first performed by the employee in the
member school district from which the employee was assigned to
the joint technical college district.
Subd. 3. [BENEFITS.] All accumulations of leaves, years of
service, and benefits must be credited to each employee subject
to terms negotiated in the successor contract. Effective July
1, 1995, all transferred employees will be enrolled in the state
employees group insurance program as provided in Minnesota
Statutes, sections 43A.22 to 43A.31. The commissioner of
employee relations shall provide, to transferred employees, open
enrollment in all state employee health and dental insurance
plans with no limitation on preexisting conditions except as
specified in existing state employee certificates of coverage.
The commissioner of employee relations shall provide, to
transferred employees, the opportunity to purchase optional life
and disability insurance in amounts equivalent to amounts
previously purchased by a transferred employee or provided by
the employer without limitation on preexisting conditions.
Subd. 4. [PROBATIONARY PERIODS.] Except as otherwise
provided in a successor contract, probationary periods are not
affected by the transfer of employees to the higher education
board.
Subd. 5. [RECALL.] (a) Recall rights described in this
subdivision apply until a successor agreement becomes effective.
(b) Members of the technical college instructional
bargaining unit who are placed on unrequested leave of absence
before July 1, 1995, are transferred to and become employees of
the higher education board on July 1, 1995, and have recall
rights to the technical college instructional unit for five
years from the date originally placed on unrequested leave. For
five years after the close of the school year in which the
employees were placed on unrequested leave of absence they
retain recall rights to vacancies for which they are licensed in
the intermediate or school district that placed them on
unrequested leave of absence.
(c) Members of the technical college instructional
bargaining unit who are laid off by the higher education board
after June 30, 1995, have recall rights to the technical college
instructional unit for five years, unless modified by a
successor contract. They shall also have recall rights for two
years to vacancies for which they are licensed in the
intermediate or school district from which they were transferred
to the higher education board, but only if a transfer or
assignment from a technical college position to an elementary or
secondary position would have been authorized in that
intermediate or school district under the contract in effect
immediately before the instructor's transfer to the higher
education board.
(d) Nonlicensed technical college employees of an
intermediate, joint, or school district who are placed on an
involuntary layoff before July 1, 1995, are transferred to and
become employees of the state on July 1, 1995. Until June 30,
1997, they may exercise job seniority, promotion, layoff, and
lateral transfer rights that were established by contract
between an exclusive representative and the district and were in
effect on June 30, 1995.
(e) For two years, unless modified by a successor contract,
nonlicensed employees who are laid off by the state after June
30, 1995, may exercise job seniority, promotion, layoff, and
lateral transfer rights that were established by contract
between an exclusive representative and the district and were in
effect on June 30, 1995.
Sec. 4. [EFFECTIVE DATE.]
Sections 1 to 3 are effective the day after final enactment.
ARTICLE 6
REVENUE BONDING AUTHORITY
Section 1. Minnesota Statutes 1992, section 136.31, is
amended to read:
136.31 [STATE UNIVERSITY HIGHER EDUCATION BOARD, DUTIES.]
Subdivision 1. [DUTIES.] All references in sections 136.31
to 136.38 to the state university board shall be deemed and
construed to include any successor thereof created or
established by law. For the state universities, the state
university higher education board is hereby authorized to do the
following may:
(a) (1) acquire by purchase or otherwise, construct,
complete, remodel, equip, operate, control, and manage residence
halls, dormitories, dining halls, student union
buildings, parking facilities, and any other similar
revenue-producing buildings of such type and character as said
the board shall from time to time find finds necessary for the
good and benefit of any of the state universities under the
jurisdiction of said board, and for that purpose may acquire
property of any and every kind and description, whether real,
personal, or mixed, by gift, purchase, or otherwise; provided
that no contract for the construction of any building shall be
entered into until financing therefor has been approved by the
legislature;
(b) (2) maintain and operate any such buildings or
structures and charge for the their use thereof, and carry on
such conduct any activities, as that are commonly conducted in
connection with any such the buildings or structures;
(c) (3) enter into contracts touching in any manner or any
matter within the objects and for the purposes of sections
136.31 136E.80 to 136.38 136E.88;
(d) (4) acquire building sites and buildings or structures
by gift, purchase, or otherwise and pledge the revenues thereof
from them for the payment of any bonds issued for such that
purpose as provided in sections 136.31 136E.80 to 136.38
136E.88;
(e) (5) borrow money and issue and sell bonds in such an
amount or amounts as the legislature shall authorize authorizes
for the purpose of acquiring, constructing, completing,
remodeling, or equipping any such buildings or structures, and
acquiring sites therefor, and refund and refinance the same from
time to time the bonds by the issuance and sale of refunding
bonds as often as it shall in when the board's judgment be
advantageous to board finds that it is in the public interest so
to do. All such The bonds shall be sold and issued by said
the board in the manner and upon the terms and conditions
provided by chapter 475, except as otherwise provided in this
section. Such The bonds shall be are payable solely only
from and secured by an irrevocable pledge of the revenues to be
derived from the operation of any such buildings or structures
acquired, constructed, completed, remodeled, or equipped in
whole or in part with the proceeds of such the bonds and in
addition thereto from such other income and revenues described
in section 136.33 136E.82, clause (a) (1), as said the board
by resolution shall specify specifies, and notwithstanding this
limitation all bonds issued hereunder under sections 136E.80 to
136E.88 shall have the qualities of negotiable instruments under
the laws of this state. The legislature intends shall not to
appropriate money from the general fund to pay for these bonds.
Subd. 2. [FORM.] Such The bonds may:
(1) bear such the date or dates and may;
(2) mature serially at such a time or times not exceeding
40 years from their date or dates, may;
(3) be in such the form,;
(4) carry such the registration privileges, may;
(5) be payable at such a place or places, may;
(6) be subject to such terms of redemption prior to
maturity with or without premium, may;
(7) be delivered to the purchasers at such times and places
,; and may
(8) contain such terms and covenants, not inconsistent
consistent with sections 136.41 and 136.42 section 136E.88, all
as may be provided by resolution of said the board authorizing
the issuance of such the bonds.
Subd. 3. [EXECUTION.] The bonds must be executed by the
officers of the board designated by the board to execute
them and countersigned by the treasurer elected by the board, in
the manner authorized by section 475.55.
Subd. 4. [BOND STATEMENT; REGISTRATION.] Each such bond
shall state upon its face that it is payable solely from and
secured by an irrevocable pledge of the revenues derived from
the operation of any such buildings or structures acquired,
constructed, completed, remodeled, or equipped in whole or in
part with the proceeds of the sale of said the bonds and from
such other income and revenues described in section 136.33
136E.82, clause (a) (1), as specified in the resolution
providing for its issue, and that it does not constitute a debt
or obligation of the state of Minnesota within the meaning or
application of any constitutional or statutory limitation or
provision. Such bonds will be registered by A copy of the
proceedings taken by the board in the issuance of the bonds
shall be filed with the commissioner of finance in a bond
register to be kept for that purpose wherein shall be entered
the amount and purpose of issue, the maturity and rate of
interest, and the name of the original purchaser.
Subd. 5. [BOND SECURITIES.] If the board by resolution
determines that its treasurer possesses money not currently
needed, or that is set aside in a reserve, the board in the
resolution may direct the treasurer to invest a specified amount
of the money in securities of the types described in section
475.66. The securities must be deposited with and held for the
board by the treasurer. If the invested money is needed by the
board it shall direct the treasurer to sell all or a designated
amount of the securities. Money collected from the investment
by the treasurer, as principal, interest, or proceeds of sales,
must be credited to and made a part of the fund and account for
which the investment is made.
Subd. 6. In any case where the board determines to issue
and sell refunding revenue bonds six months or more before the
earliest date on which all bonds of the series to be refunded
thereby will have matured or will have been redeemed upon call
as hereinafter provided, the proceeds of the refunding revenue
bonds shall be deposited, together with any revenues available
and designated by the board for the purpose, in escrow with a
suitable banking institution within or without the state, whose
deposits are insured by the Federal Deposit Insurance
Corporation and whose combined capital and surplus is not less
than one million dollars, and shall be invested, simultaneously
with the delivery of the bonds, in securities maturing or
callable at the option of the holder on such dates and bearing
interest at such rates as shall be required to provide funds
sufficient, with any cash retained in the escrow account, to pay
when due the interest to accrue on each bond of the series
refunded to its maturity or, if prepayable, to an earlier
designated date on which it may be called for redemption, and to
pay the principal amount of each such bond at maturity or, if
prepayable, at its designated earlier redemption date, and to
pay any premium required for redemption on such date; and before
the refunding revenue bonds are delivered, the board shall by
resolution irrevocably appropriate for these purposes, and for
the payment of the reasonable charges of banks designated as
escrow and paying agents, the escrow account and all payments of
principal and interest on the securities held therein, and shall
provide for the call of all prepayable bonds of such series, in
accordance with their terms, on the redemption date or dates
designated. The board may place in escrow pursuant to this
subdivision any funds previously pledged and appropriated for
the payment of principal and interest on bonds to be refunded;
and it may, when deemed necessary in the public interest, issue
refunding revenue bonds in the amount necessary to place in
escrow the funds required to pay any premium for redemption of
refunded bonds before their stated maturities. Investments of
the escrow account shall be limited to general obligations of
the United States, securities whose principal and interest
payments are guaranteed by the United States, and securities
issued by the following agencies of the United States: Banks
for Cooperatives, Federal Home Loan Banks, Federal Intermediate
Credit Banks, Federal Land Banks, and the Federal National
Mortgage Association. No refunding revenue bonds shall be
issued more than ten years before the last date on which all
revenue bonds of the series to be refunded thereby will mature
or are directed to be prepaid in accordance with their terms.
Subd. 7. [PAYMENT OF INTEREST; OUTSTANDING REVENUE BONDS.]
Except as provided in this subdivision, the board may
irrevocably appropriate and use any money, other than direct
state appropriations and tuition receipts appropriated by
section 136.11, subdivision 1, held by it to discharge or
otherwise provide for the payment of the interest coming due on
its revenue bonds outstanding on July 1, 1988, until paid
and for the payment of the principal and any premium coming due
on the bonds at maturity or upon any earlier date upon which the
bonds are called for redemption. For this purpose, the board
may exercise all powers conferred upon it under subdivision 6
with respect to escrow agents and escrow accounts, and may
provide for the funding of the escrow accounts with securities
of the type referred to in subdivision 6 and certificates of
deposit, time deposits, and investment agreements issued by the
escrow agent or any other financial institution section 475.67,
subdivisions 5 to 10. This subdivision does not authorize the
appropriation or use of board money to secure outstanding
revenue bonds contrary to a board resolution authorizing the
issuance and providing for the security of the bonds, or the use
of other board money contrary to the terms of a contract,
specific legislative appropriation, or law.
Sec. 2. Minnesota Statutes 1992, section 136.32, is
amended to read:
136.32 [BONDS, INVESTMENTS.]
The state, including the state board of investment, and all
counties, cities, incorporated towns and other municipal
corporations, political subdivisions and political bodies, and
public officers of any thereof of the public entities listed in
this section, all banks, bankers, trust companies, savings
banks, and institutions, building and loan associations, savings
and loan associations, investment companies and other persons
carrying on a banking business, all insurance companies,
insurance associations and other persons carrying on an
insurance business, and all executors, administrators,
guardians, trustees and other fiduciaries may legally invest any
sinking funds, moneys or other funds belonging to them or within
their control in any bonds issued pursuant to sections 136.31
136E.80 to 136.38, it being 136E.88. The purpose of this
section is to authorize the investment in such bonds of all
sinking, insurance, retirement, compensation, pension and trust
funds, whether owned or controlled by private or public persons
or officers; provided, however, that. Nothing contained in this
section may be construed as relieving any person, firm or
corporation from any duty of exercising due care in selecting
securities for purchase or investment. Such The bonds are
hereby constituted "authorized securities" within the meaning
and for the purposes of section 50.14, notwithstanding the
restrictions in part (c) of subdivision 4 thereof section 50.14,
subdivision 4, clause (c).
Sec. 3. Minnesota Statutes 1992, section 136.33, is
amended to read:
136.33 [RESOLUTION OF BOARD.]
Upon the determination by said university the higher
education board or its successor to acquire, construct,
complete, remodel, or equip any student residence halls,
dormitories, dining halls, student union buildings, parking
facilities, or other similar revenue-producing building or
buildings, said the board or its successor shall adopt a
resolution describing generally the contemplated project, the
estimated cost thereof, including legal, engineering and
financial expenses and interest on the bonds during the period
of constructing the project and for six months thereafter,
fixing the amount of the bonds, the maturity or maturities, the
interest rate, and all details in respect thereof of the bonds.
Such The resolution shall contain such covenants as may be
determined by said the board or its successor as to:
(a) (1) the pledging of all or any portion of the proceeds
of any fees imposed upon students for student activities,
student facilities, or for other purposes, and the net revenues
from other buildings or facilities heretofore or hereafter
constructed or acquired at any state university under the
jurisdiction of said board as additional security for the
payment of said the bonds;
(b) (2) the regulation as to the use of such the buildings
or structures to assure the maximum use or occupancy thereof;
(c) (3) the amount and kind of insurance to be carried,
including use and occupancy insurance, the cost of which shall
be payable only from the revenues to be derived from such the
buildings or structures;
(d) (4) the operation, maintenance, management, accounting
and auditing, and the keeping of records, reports and audits
of such the buildings or structures;
(e) (5) the obligation of said the board or its successor
to maintain such the buildings or structures in good condition
and to operate the same them in an economical and efficient
manner;
(f) (6) the amendment or modification of the resolution
authorizing the issuance of any bonds hereunder, and the manner,
terms and conditions, and the amount or percentage of assenting
bonds necessary to effectuate such the amendment or
modification; and
(g) such (7) other covenants as may be deemed necessary or
desirable to assure the prompt and punctual payment of all bonds
issued under sections 136.31 136E.80 to 136.38 136E.88.
Sec. 4. Minnesota Statutes 1992, section 136.34, is
amended to read:
136.34 [STUDENT ACTIVITIES, FEES CHARGED.]
Whenever bonds are issued as provided in sections 136.31
136E.80 to 136.38 136E.88, it shall be the duty of said the
higher education board to establish charges or fees, including
without limitation fees for student activities and fees for
student facilities, for the use of any buildings or structures
sufficient at all times to pay the principal of and interest
on such the bonds and to create and maintain suitable
reserves therefor for them and the necessary expenses of the
their operation and maintenance thereof; and. All revenues
derived from the their operation thereof shall be set aside in a
separate fund and accounts as hereinafter provided and shall be
irrevocably pledged for and used only in paying to pay the
principal of and interest upon the bonds issued for the purpose
or purposes set forth and described in the resolution
authorizing the issuance of said the bonds, and the necessary
expenses of the operation and maintenance thereof of the
buildings and structures; and such the charges and fees shall be
sufficient at all times for such these purposes.
Sec. 5. Minnesota Statutes 1992, section 136.35, is
amended to read:
136.35 [SPECIAL REVENUE FUND.]
(a) The gross total income derived from the sale of bonds,
and receipts and income derived from charges or fees, rentals,
and all other revenue established for the use and service of any
such buildings or structures shall, within three days after
their receipt thereof, be paid to and held by the treasurer of
the higher education board as a special fund known as,
"The University Higher Education Board of the State of Minnesota
Universities Revenue Fund"." The treasurer shall be custodian
of such the special fund, which fund shall be held and disbursed
for the purposes provided in sections 136.31 136E.80 to 136.38
136E.88. The said special fund shall be protected by a
corporate surety bond executed by the treasurer of the board
with a surety authorized to do business under the laws of the
state of Minnesota. The amount of such the bond shall be fixed
by resolution of said university the board or its successor and
may be increased or diminished at any time. The premiums of
such the bonds shall be payable from "The University Higher
Education Board of the State of Minnesota Universities Revenue
Fund" and charged as an item of maintenance expense.
(b) A certified copy of each resolution providing for the
issuance of bonds under sections 136.31 136E.80 to 136.38
136E.88 shall be filed with the treasurer of the board, and it
shall be the duty of said the treasurer to keep and maintain
separate accounts in said the special fund for each bond issue
in accordance with the covenants and the directions set out in
the resolution providing for the issuance of said the bonds and
to disburse funds from the proper account for the payment of the
principal of and interest on the bonds in accordance with the
directions and covenants of said the resolution authorizing the
issue thereof. All disbursements for maintenance and operation
costs shall be made from the proper maintenance and operation
account upon by order of said the board or its successor in
accordance with the covenants set out in the resolution
authorizing the issuance of bonds. All disbursements for
construction costs shall be made from a separate account in said
the special fund upon by order of said the board or its
successor in accordance with the covenants set out in the
resolution authorizing said the bonds.
Sec. 6. Minnesota Statutes 1992, section 136.36, is
amended to read:
136.36 [ALLOCATION OF RECEIPTS.]
All moneys now or hereafter in the University Higher
Education Board of The State of Minnesota Universities Revenue
Fund and all income from the operation of such dormitories,
cafeterias and student facilities residence halls, dormitories,
dining halls, student union buildings, parking facilities and
other revenue producing buildings and structures are hereby
appropriated first to the payment of expenses of the operation
of dormitories, cafeterias and other student the facilities from
which the revenues so appropriated are derived and second to the
payment of the obligations herein authorized by sections 136E.80
to 136E.88.
Sec. 7. Minnesota Statutes 1992, section 136.37, is
amended to read:
136.37 [ADMINISTRATION.]
The administration of sections 136.31 136E.80 to 136.38
136E.88 shall be under the state university higher education
board independent of other authority and notwithstanding
chapters 16A and 16B.
Sec. 8. Minnesota Statutes 1992, section 136.38, is
amended to read:
136.38 [CONTRACTS OF BOARD, PERFORMANCE COMPELLED.]
(a) The provisions of sections 136.31 136E.80 to 136.38
136E.88 and of any resolution or other proceedings authorizing
the issuance of bonds shall constitute a contract with the
holders of such the bonds and the provisions thereof shall be
enforceable either in law or in equity, by suit, action,
mandamus or other proceeding in any court of competent
jurisdiction to enforce or compel the performance of any duties
required by sections 136.31 136E.80 to 136.38 136E.88 and any
resolution authorizing the issuance of bonds adopted responsive
hereto, including the establishment of sufficient charges or
fees for use of any such buildings or structures and the
application of the income and revenue thereof from them; and it
shall be the duty of said university the higher education board
or its successor upon the issuance of any bonds under the
provisions of sections 136.31 136E.80 to 136.38 136E.88 to
establish by resolution from time to time the fees or charges to
be made for the use of any such buildings or structures, which
fees or charges shall be adjusted from time to time in order to
always provide sufficient income for payment of the principal of
and interest on such the bonds issued as provided for in
sections 136.31 136E.80 to 136.38 136E.88, and for the necessary
expenses of operation and maintenance.
(b) If the existing university higher education board of
the state of Minnesota is abolished, all contracts made by said
the board and all things done or actions taken by said the board
under sections 136.31 136E.80 to 136.38 136E.88 shall be deemed
to be contracts of, actions taken and things done by its
successor and such the successor shall be bound by all such
contracts, actions taken and things done by said the board and
such successor shall be subject to all the obligations and
duties of said the board under sections 136.31 136E.80 to
136.38 136E.88.
Sec. 9. Minnesota Statutes 1993 Supplement, section
136.41, subdivision 8, is amended to read:
Subd. 8. [ISSUANCE OF BONDS.] The state university higher
education board or a successor may issue additional revenue
bonds under sections 136.31 to 136.38 in an aggregate principal
amount not exceeding $40,000,000, subject to the resolutions
authorizing its outstanding revenue bonds, and payable from the
revenue appropriated to the fund established by section 136.35,
and use the proceeds together with other public or private money
that may otherwise become available to acquire land, and to
acquire, construct, complete, remodel, and equip structures to
be used for dormitory, residence hall, student union, food
service, and related parking purposes at the state
universities. Before issuing the bonds or any part of them, the
board shall consult with and obtain the advisory recommendations
of the chairs of the house ways and means committee and the
senate finance committee about the facilities to be financed by
the bonds.
Sec. 10. Minnesota Statutes 1992, section 136.41, is
amended by adding a subdivision to read:
Subd. 10. [SUCCESSOR.] For the purposes of this section,
the higher education board is the successor to the state
university board.
Sec. 11. [REPEALER.]
Minnesota Statutes 1992, sections 136.31, subdivision 6;
136.40; 136.41, subdivisions 1, 2, 3, 4, 5, 6, and 7; and
136.42, are repealed.
Sec. 12. [REVISOR INSTRUCTION.]
(a) In the 1996 edition of Minnesota Statutes, the revisor
shall renumber sections 136.31 as 136E.80; 136.31, subdivision
7, as 136E.80, subdivision 6; 136.32 as 136E.81; 136.33 as
136E.82; 136.34 as 136E.83; 136.35 as 136E.84; 136.36 as
136E.85; 136.37 as 136E.86; 136.38 as 136E.87; 136.41,
subdivision 8, as 136E.88, subdivision 1; 136.41, subdivision 9,
as 136E.88, subdivision 2; 136.41, subdivision 10, as 136E.88,
subdivision 3.
(b) The revisor shall add "Federal Tax on Interest" as a
headnote to section 136.41, subdivision 9.
Sec. 13. [EFFECTIVE DATE.]
Sections 1 to 12 are effective July 1, 1995.
ARTICLE 7
ADMINISTRATION AND FINANCE
Section 1. Minnesota Statutes 1992, section 136C.06, is
amended to read:
136C.06 [SOLE STATE AGENCY.]
The state board of technical colleges higher education
board is the sole state agency to receive and disburse federal
funds authorized by the Vocational Education Act of 1963, as
amended in the education amendments of 1976, Public Law Number
94-482, and Code of Federal Regulations, title 34, part 400.
The state board shall develop and submit the state plan for
vocational technical education. The state board shall develop
the state plan according to terms of agreement with the state
board of education.
Sec. 2. Minnesota Statutes 1992, section 136E.01,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The higher education board,
referred to in sections 136E.01 to 136E.05 as "the board,"
consists of 13 15 members appointed by the governor with the
advice and consent of the senate. At least one member of the
board must be a resident of each congressional district. One
member Three members must be a student students who are enrolled
at least half-time in a degree, diploma, or certificate program
or have graduated from an institution governed by the board
within one year of the date of appointment. The student members
shall include: one member from a community college, one member
from a state university, and one member from a technical
college. The remaining members must be appointed to represent
the state at large.
Sec. 3. Minnesota Statutes 1992, section 136E.01,
subdivision 2, is amended to read:
Subd. 2. [TERM; COMPENSATION; REMOVAL; VACANCIES.] The
compensation, removal of members, and filling of vacancies on
the board are as provided in section 15.0575. Members are
appointed for a term of six years, except that the term of each
of the student member members is two years. Terms end on June
30.
Sec. 4. Minnesota Statutes 1992, section 136E.02,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] A higher education board
candidate advisory council shall assist the governor in
determining criteria for, and identifying and recruiting
qualified candidates for, nonstudent membership on the higher
education board.
Sec. 5. [136E.021] [STUDENT BOARD MEMBER SELECTION.]
Subdivision 1. [RESPONSIBILITY.] Notwithstanding section
136E.02, the statewide community college student association,
state university student association, and technical college
student association shall each have the responsibility for
recruiting, screening, and recommending qualified candidates for
its student member of the board.
Subd. 2. [CRITERIA.] After consulting with the higher
education board candidate advisory council, the student
associations shall jointly develop a statement of the selection
criteria to be applied to potential candidates.
Subd. 3. [RECRUITING AND SCREENING.] Each student
association shall develop processes for identifying and
recruiting qualified candidates and for screening those
candidates.
Subd. 4. [RECOMMENDATIONS.] Each student association shall
recommend at least two and not more than four candidates for its
student member. By January 2 of the year in which its members'
term expires, each student association shall submit its
recommendations to the governor. The governor is not bound by
these recommendations.
Sec. 6. Minnesota Statutes 1993 Supplement, section
136E.03, is amended to read:
136E.03 [MISSION MISSIONS.]
The mission of the board is to provide programs of study
that meet the needs of students for occupational, general,
baccalaureate, and graduate education. The state universities,
community colleges, and technical colleges shall have distinct
missions as provided in section 135A.052, subdivision 1. Within
that statutory definition and subject to the approval of the
board, each community college, state university, and technical
college may develop its own distinct campus mission. The board
shall develop administrative arrangements that make possible the
efficient use of the facilities and staff of the technical
colleges, community colleges, and state universities for
providing these several different programs of study, so that
students may have the benefit of improved and broader course
offerings, ease of transfer among schools and programs,
integrated course credit, coordinated degree programs, and
coordinated financial aid. In carrying out the merger of the
three separate systems, the board shall control administrative
costs by eliminating duplicative administrative positions and
course offerings.
Sec. 7. [136E.525] [STUDENT ASSOCIATIONS.]
Subdivision 1. [STATEWIDE.] The board shall recognize one
statewide student association for the community colleges, one
for the state universities, and one for the technical colleges.
Each statewide student association shall be affiliated with its
campus student associations but all students enrolled on those
campuses shall be members of their respective statewide
association.
Subd. 2. [FEES.] Each statewide association shall set its
fees to be collected by the board and shall submit any changes
in its fees to the board for review. The board may revise or
reject the fee change. Fees must be collected by each community
college, state university, and technical college and shall be
credited to each association's account to be spent as determined
by that association.
Subd. 3. [CONSOLIDATION.] No changes may be made to
student associations located on community college, state
university, technical college, or consolidated colocated
campuses without the approval of each affected campus
association in consultation with its state student association.
Sec. 8. [136E.692] [CONSTRUCTION, IMPROVEMENT, AND REPAIR
OF FACILITIES.]
Subdivision 1. [CONSTRUCTION; IMPROVEMENTS.] The higher
education board shall supervise and control the preparation of
plans and specifications for the construction, alteration, or
enlargement of community college, state university, and
technical college buildings, structures, and improvements for
which appropriations are made to the board. The board shall
advertise for bids and award contracts in connection with the
improvements, supervise and inspect the work, approve necessary
changes in the plans and specifications, approve estimates for
payment, and accept the improvements when completed according to
the plans and specifications.
Subd. 2. [PLANS.] Plans and specifications must be
accompanied by a detailed statement of the cost, quality, and
description of all material and labor required for the
completion of the work. No plan may be adopted, and no
improvement made or building constructed, that contemplates the
expenditure for its completion of more money than the
appropriation for it, unless otherwise provided by law.
Subd. 3. [DISPUTE RESOLUTION.] In contracting for
projects, the higher education board must not restrict its
access to litigation or limit its methods of redress to
arbitration or other nonjudicial procedures.
Subd. 4. [REPAIRS.] The higher education board shall
supervise and control the making of necessary repairs to all
community college, state university, and technical college
buildings and structures.
Sec. 9. Laws 1991, chapter 356, article 9, section 8,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENTS TO BOARD.] Appointments to
the higher education board must be made by July 1, 1991.
Notwithstanding section 2, the initial higher education board
consists of two members each from the state board of technical
colleges, state board for community colleges, and the state
university board, appointed by their respective boards and six
members appointed by the governor. The governor's appointees
may also be members of the current governing boards. The
members appointed by boards must have been confirmed by the
senate to the board from which they are appointed and served for
at least one year on the board from which they were appointed.
Initial higher education board members appointed by boards are
not subject to further senate confirmation. Initial appointees
of the governor are not subject to section 3. The governor
shall appoint the student member members July 1, 1995.
Notwithstanding section 2, subdivision 2, the initial members of
the higher education board must be appointed so that an equal
number will have terms expiring in three, five, and seven
years. To the extent possible, the initial board must have the
geographic balance required by section 2.
Sec. 10. [INITIAL TERMS.]
Notwithstanding Minnesota Statutes, section 136E.01, the
terms of the initial permanent student members of the board
shall be as follows: the technical college student shall serve
one year, the community college student shall serve one year,
and the state university student shall serve two years.
Sec. 11. [REVISOR INSTRUCTION.]
In the 1996 edition of Minnesota Statutes, the revisor
shall renumber section 136C.06 as 136E.60.
Sec. 12. [EFFECTIVE DATE.]
Sections 1 to 3, 7, 8, 10 and 11 are effective July 1, 1995.
Presented to the governor May 2, 1994
Signed by the governor May 5, 1994, 5:52 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes